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CVRD - Supreme Court of Canada Application

The Shawnigan Residents Association (SRA) extends its support to the Cowichan Valley Regional District’s (CVRD) application to the Supreme Court of Canada requesting the review of the BC Court of Appeal decision of November 3rd, 2016 that overturned the lower court’s decision to cease landfilling of contaminated soil by South Island Aggregates/CCH/SIRM into the Shawnigan Lake Watershed.

The SRA continues to await a decision from Justice Sewell with regards to the evidence and application put forward in 2016 alleging fraud, failure to disclose, improper payments to elected officials and failure to consider evidence after the Ministry of Environment issued a permit to SIA/CHH/SIRM to allow the dumping of 5 million tons of contaminated soil into the Shawnigan Lake Water shed which provides drinking water to over 12,000 residents.

For more information:
Media Contact Calvin Cook 250 -208 -2749

Duncan, BC - The Cowichan Valley Regional District (CVRD) filed an application for leave of the Supreme Court of Canada on December 29, 2016 in relation to the South Island Aggregates (SIA), Cobble Hill Holdings (CHH), and South Island Resource Management (SIRM) contaminated soil landfill facility in Shawnigan Lake.

Cowichan Valley Regional District | Posted January 5, 2017

The application seeks to have the Supreme Court review the November 3, zot6 decision of the BC Court of Appeal. That decision reversed a March zt, zot1 BC Supreme Court order finding that the contaminated soil landfill facility located at 640 Stebbings Road in Shawnigan Lake was not a permitted use on the property under the CVRD's zoning bylaw, and enjoining its further operation. The Court of Appeal reversed that order, permitting the landfilling to proceed.

"We are concerned with the future implications of this decision on Shawnigan Lake residents, the CVRD and other local government jurisdictions," states CVRD Chair Jon Lefebure. "The Board is committed to protecting the CVRD's ability to control Iand use through our zoning bylaws and felt it was important to have Canada's highest court review the BC Court of Appeal decision."

The CVRD has sought leave on the basis of three grounds which can be generally summarized as follows:

The Court of Appeal erred in setting aside the key factual findings of MacKenzie J. atthe BC S.rp.3hr" Court that CHH, SIA and SIRM were using the property as a landfill; that the material they were importing was waste; and that the landfill facility was not integral to the permitted quarry operation on the property;

The Court of Appeal incorrectly determined that Provincial mining decisions take exclusive precedence over Regional District land use bylaws; and

That the Court of Appeal erred in finding that the Regional District's authority to regulate soil deposit restricts the Regional District's ability to regulate land uses.

The application also gives notice that if leave is granted, the CVRD will also be seeking an order requiring the removal of the landfill facility. CHH, SIA and SIRM have 30 days to respond to the application, after which time the Supreme Court of Canada will decide whether it will hear the appeal.

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